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AMERICAN MOTORISTS INSURANCE COMPANY v. LOUIS P. CIMINELLI CONSTRUCTION CO., INC.

50 A.D.3d 1563 (2008)

857 N.Y.S.2d 399

AMERICAN MOTORISTS INSURANCE COMPANY, as Successor in Interest of Specialty National Insurance Company, as Subrogee of Niagara Falls City School District, Appellant, v. LOUIS P. CIMINELLI CONSTRUCTION CO., INC., Also Known as LOUIS P. CIMINELLI CONSTRUCTION CO. INC., et al., Respondents, et al., Defendants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided April 25, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum:

Plaintiff, as subrogee of Niagara Falls City School District (District), commenced this action seeking to recover sums it paid to the District for property damages pursuant to an insurance policy issued by plaintiff's predecessor. The District incurred the property damage when pipes in the fire sprinkler system at the District's high school froze and burst...

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